People v. Williams
959 N.E.2d 784
Ill. App. Ct.2011Background
- Williams was convicted of attempted first degree murder, home invasion, and armed robbery in an Illinois case and received concurrent sentences.
- He was ordered to pay a $200 DNA analysis fee after conviction.
- Williams was in custody from July 22, 2006, to his November 9, 2006 sentencing date.
- During postconviction proceedings, Williams filed a successive petition without leave, which the court denied.
- On appeal, Williams argued the $5-per-day presentencing custody credit should be applied toward the DNA fee.
- The court agreed the DNA fee is a fee, not a fine, and held the presentencing credit could not be used to satisfy the DNA fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether presentencing credit can satisfy the DNA fee | Williams | Williams | Credit cannot satisfy the DNA fee |
| Whether the DNA assessment is a fee or a fine | People | Williams | DNA assessment is a fee |
| Whether the claim can be asserted on appeal of a postconviction petition | People | Williams | Claim raised on appeal permissible; not barred by lack of leave where appropriate |
Key Cases Cited
- People v. Guadarrama, 2011 IL App (2d) 100072 (Ill. App. (2d) 2011) (DNA fee characterized as a fee, not a fine)
- People v. Anthony, 408 Ill.App.3d 799 (Ill. App. 2011) (DNA fee reimburses state costs; supports fee characterization)
- People v. Long, 398 Ill.App.3d 1028 (Ill. App. 2010) (Earlier holding that DNA assessment is a fine; superseded by Marshall)
- People v. Marshall, 242 Ill.2d 285 (Ill. 2011) (DNA analysis assessment is intended to cover DNA costs; supports fee characterization)
- People v. Woodard, 175 Ill.2d 435 (Ill. 1997) (Monetary credit on appeal as a ministerial act; permits postconviction credit review on appeal)
- People v. Caballero, 228 Ill.2d 79 (Ill. 2008) (Permits presenting monetary credit claim on appeal of postconviction petition)